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(1) The goal of compliance capacity building for social organizations

 The goal of compliance capacity building for social organizations should be to make the behavior of social organizations in operation and management meet the requirements of various “rules”. Due to the special nature of social organizations, the author believes that their compliance “rules” should cover the following three aspects:
First, the laws and regulations formulated by the state, including the laws adopted by the National People's Congress and its Standing Committee, the administrative regulations adopted by the State Council, the departmental regulations adopted by the state ministries, bureaus and offices, and the local laws and regulations adopted by the local legislatures, etc. The laws and regulations in the field of social organizations mainly include the laws and regulations on charities. Laws and regulations in the field of social organizations mainly include the Charity Law, the Law on Donations for Public Welfare, the Law on the Administration of the Activities of Overseas Non-Governmental Organizations within the Country, the Regulations on the Administration of Foundations, the Regulations on the Registration and Administration of Social Organizations, the Provisional Regulations on the Registration and Administration of Privately-run Non-Enterprises Units, the Regulations on Volunteer Services, and other laws and regulations, as well as relevant departmental regulations issued by the Ministry of Civil Affairs.
Secondly, the constitution of the social organization and the rules and regulations issued by the organization itself, including the internal rules and regulations formulated in accordance with the constitution, such as the system of the board of directors, the financial management system, the system of information disclosure, the system of asset management, the system of value-added investment, the system of project management, and so on.
Third, public welfare ethics and social morality, mainly the social ethics that social organizations need to consider when accepting donations and carrying out activities, as well as the public welfare ethics during the execution of public welfare projects.
Through compliance management, social organizations can improve the professional ability of the organization and enhance social credibility. As an organization with public attributes, the credibility of a social organization is the cornerstone of its survival and development. By attaching importance to compliance management, raising awareness of compliance, and establishing a compliance management mechanism, the organization can make its members, the government, and various stakeholders see the professional ability and unique value of the social organization, and believe that the social organization can use the entrusted social public rights and interests for the purpose it needs, instead of seeking personal benefits through the social organization. In this way, social organizations can raise more rights and interests, and the state will be more assured to give more preferential policies to social organizations to expand a broader social cause.

(2) The core essence of compliance capacity building for social organizations
The field of social organizations involves a large number of laws and regulations and policies, and according to incomplete statistics, there are more than 160 laws, administrative regulations, departmental rules and policy documents at the central level, especially normative policy documents. Zhan Chengfu, Vice Minister of the Ministry of Civil Affairs, once wrote an article entitled “Continuously Deepening the Understanding of the Lawfulness of the Work of Social Organizations” (China Civil Affairs, Issue 18, 2017), in which he mentioned that “the work of social organizations has the distinctive features of political, policy, and social, and it is said that it has policy features because social organizations rely on policies to regulate and manage, in addition to the civil affairs departments from the registration and establishment of a social organization to the registration and establishment of the social organization, and then to the management of social organizations. In addition to the civil affairs department from the registration and establishment of a social organization, to the daily inspection of social organizations, to the investigation after receiving the report, and then to the administrative penalties until the withdrawal of registration, liquidation, cancellation and so on there are a number of policies, the organization department, such as the part-time cadres of the party and government cadres of the provisions of the financial sector, such as the preferential tax policy provisions and so on, there are a lot of policy provisions, more importantly, the social organization of the political nature of the decision that it is bound to have a very strong policy. ” The policy nature of social organization management determines that social organization compliance is a specialized and cumbersome field.
To do a good job in compliance management, first of all, we need to establish a compliance systematization, to find the foundation and principles from the complicated policies, and to open up the “two veins” of compliance management. The compliance management of social organizations lies in the deep understanding and mastery of the three characteristics of social organizations, namely, the first is non-governmental, the second is non-profit, and the third is public welfare.
(1) non-governmental, that is, social organizations are not the government, and does not have the coercive power conferred by law, can not carry out activities in the name of the government, shall not be mandatory fees, and shall not be abused by the government entrusted with the management of the industry rights.
Especially for industry associations and chambers of commerce type of social organizations, since 2007, the central departments have issued a large number of administrative regulations and normative documents, social organizations shall not be indiscriminate fees, shall not be mandatory membership, mandatory fees, etc., if the operation of the social organizations do not find the positioning of non-governmental, it is easy to make the violation of the matter.
(2) Non-profit, that is, social organizations are not enterprises, not for profit as the purpose, all social organizations were established for the purpose of public welfare or other non-profit purposes, in order to solve a social problem, is for a public goal, rather than considering the interests of the so-called “investors”, not for the sake of the “investors”, not for the sake of the “investors”. It is not for the purpose of maximizing the interests of the so-called “investors”.
The non-profit nature of a social organization does not prohibit it from charging fees for business services or making foreign investments to obtain income, but rather it does not distribute profits to its funders, founders or members. Organizers of social organizations to invest in the establishment of social organizations, is a donation to the social organization, and does not enjoy the controlling interest or ownership of social organizations, shall not abscond from the registered capital, shall not be associated with the appropriation of social organizations through the relationship between the property, and shall not be disguised dividend distribution, etc., which is the social organization of the non-profit nature of the manifestation of the compliance management.
(3) public interest, that is, the social organization project should be public interest attributes, is for the unspecified public majority service, rather than for the organizer, the council members of the interests of the interests of the transfer of its carry out the project should have a public nature.
For example, the charity law clearly stipulates that donors shall not designate interested parties as beneficiaries; charitable organizations shall not designate interested parties of the managers of the charitable organizations as beneficiaries when choosing beneficiaries; in addition, the public welfare projects should be effective, beneficial, and really help the beneficiaries or to solve a social problem. For example, when the foundation is planting trees in the desert, whether the trees planted or the way of planting is appropriate and effective, or will cause more damage to the environment; in the prevention and control of epidemics, whether the donated masks and medical supplies are qualified products or poor quality products, etc..
(To be continued)
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